The language of the law is often hard to understand.

But that doesn't mean that you can simply ignore it.

As the old saying goes: 'Ignorance of the law is no defence'.

Fortunately, there are various industry associations and government bodies that provide 'plain English' explanations of your legal responsibilities in building activities, and some also offer template contracts for you to use with your clients.

Set out below are the main legal issues you need to be aware of when you're tendering for a project.

Contracts

The states and territories vary on whether or not a written contract is needed to carry out particular types of building work. However, for your own peace of mind, you should always enter into a written contract before you start any kitchen or bathroom project.

This will spell out clearly what your obligations are to the client, and what their obligations are to you.

If you ever did end up with a dispute on your hands, the contract will protect your rights and give you a legal basis for resolving the issue fairly.

The types of issues that a contract covers include:

• full description of the scope of work to be undertaken
  
  
• progress payments and stages of work to be completed
  
  
• processes for varying the terms of the contract, such as deadlines or costings
  
  
• what to do if a defect is found in any of the products or workmanship
  
  
• the use of licensed tradespeople where required
  
  
• protection of your copyright in the designs or plans
  
  
• processes to follow if there is a breach of contract.

Construction certificates

Again, the laws and council requirements vary depending on the state or territory you're working in. However, in general, you will always need to obtain a construction certificate before any work can begin on a new project.

Construction certificates are issued by the local council, or alternatively a 'private certifier' authorised by the council. They verify that the project complies with the following legally binding documents:

• development consent from the local council
  
  
• Building Code of Australia requirements
  
  
• Australian Standards that relate to the work to be performed.